Fbop Ser Monthly Report 1994dec
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c. eo Date: January5,1995 Reply to Attn. of: Sherree L sn.gis. ReIjonaI Subject: December. 1994 sa l..IigafkwI To: SER CEOs. RegIoirtt Adri1istrafors Institution PaJaIegaIs and Maneys Wallace H. aa.y. General Coln5el " Joyce ZoIdak. Associate General COJnseI DocJtet No.: l~-2B77.ft..V hsIib1ion: usp. Allanla T)P8 d Case: Personal UablIty ActIon (Bivens) ~ Subject. ASSAULTS ~\~ !Facts N1eged; ATL irvnaIe In 1994 aDeges Institution faDed Southeast Region. ~ d Priscns"J I Ito protect hin from an assaWt by another Inmate who rriaowaved water and dvew I on him. P alleges scarring 01 face and scalp. New Cases ------------------------------1. BISHOP MONRQE R. PARKER" JR. Y. c. 2. RONALD FISHER v. FRED STOCK, at II Cou1: NORnSW DlSTIICT OF GEORGIA United States Govermnent MemorancUn S. DANIELS, et al Coutt: NORTHERN DISTRICT OF ~ Docket No.: 1:94-CV-2211-GET Institution: USP. Atlanta Type of Case: Personal Uablfty Adi:n (Bi.~ Subject: CORRESPONDENCE, ACCESS TO COURTS, PROPERlY Facts Alleged: Inmate at All it 199-( alleges ttat his Ega) maD was open and read. He also ateges that t¥s rega materials were destroyed. Damages Req: $1,750.000; Special Jlol7lbing; O~ Na assigned to special monitoring; S£RJ: Reg~J oftice staff are not alleged to be InYOfved In this case. Rec'd In Legal: December 9.1994; Due::01-13-T99!5 Assigned to: Curtis E. Anderson; Asiistart U.s. J.Jtcr.'ef. Chief. CIvD Division. Atlanta. GA; ~a Bredet Iberg, Saff Damages Req: $3,000,000: Special Monitoring: O. Not assQ1ed 10 special monIorIng; SERO: Regional office stafl are nol aleged to be Involved In this cal•• Rec"d in Legal: .JanuaIy s. 1995: Due: NONE. NO SUMMONS ISS lED Assigned to: CUrtis E. Anderson; Assistant U.S. Attorney. Chief. CivI Division. AIIanta. GA; Mike Bredenberg. Staff ~~,~ 1 - - - -_____________ I 3. RONNJE LEE STEWART v. JAMES D. MORAN : Cout: NORll£fW DISTRICT OF GEORGIA ~ Docket No.: 1:94-CV-2561-RHH ~ Institution: USP, Atlanta Type 01 Ca.s:e: Personal UabDity Action (Bivens) ; Subject". INMATE DISCIPUNE FadS Alleged: ATL inmate In 1994 alleges unfair dlscipllnal') confinemert' punishment where contraband was found In his ceO abed which he knew nothing. i Damages Req: 0: Special Monitoring: 0, Not assigned to ! special monloring: SERO: Regional office staff are not aDeged to be involved In this case. . Rec"d in Legal: January 5, 1995; Due: unknown Assigned to: Curtis E. Anderson; Assistant U.S. Attorney. CIiet, eM DivisIon. Adanta. GA; Mike Bredenberg. ~ff ! I I I I ~ USP. ~ Coun~.USP,Adama 4. CARLOS ALONZO GARCIA v. FRED STOCK, et al Coat: NORnEJW DIS'1'HCT OF GEORGIA Dociet No.: 1:94-CV-2874-JEC Institution: USP. Atlanta T)Pe 01 Case: Personal UabBity ActIon (Bivens) SdJject. ASSAULlS, ClASSIFICATION Facts Meged: An. irmate In 1994 alleges stabbing Injury due to faltn to maintain his separatee status. Damages Req: $600,000: Special Monitoring: O. Not JM 1 7 95 (, .. - r:-.j r:. ~ .. _ ()'_.C assigned to special monitoring; SERO: Regional office staff are noI aneged to be Involved In this case. Rec'd in LegaJ: January 5, 1995; Due: 1995 Assigned to: Curtis E. Anderson; Assistant U.S. Attorney. Ctlief, eM Division, Adanta. GA; Mike Bredenberg. Staff Counsel. usp. Atlanta GE1\,,! E!:' 11. L f'r. I ! ~.; ~:" t\,-, \"""' . ., ..... , . ., ..... 3148 CEO Utigation Report • • JanuaJY 5. 1995 (I L ROLAND DENSON y. GREGORY L PARKS Court NOFmEPH DISTRICT OF FLORIDA . ecx.t: DIS I fICf C:# MNESOTA Docket 110.: 94.QOO Doc::ket No.: 5-94-145 Institution: FPC, Pensacola institution: Fa, Talladega T)P8 01 Case: Habeas Corpus Type d Case: Federal Tart Cams Ad (FiCA) Subject: PROPERTY Subject: CLASSIFICAnON. CRIMINAL PROSECUTION Facts Alleged: Inmate at Taledega ~ 1994 aDages loss in Facts Alleged: I~e at PEN In 1994 alleges that property due to lI1OI'ganized goyemmenraJ t1ansfer <i Wormation used in classfflcatlon violates his Invnunlty agreerneoc He also aDeges that he was convicted In Cubans on 9I2B/1993. violation d his plea-bargalnlng agreement. See also FAU Danlages Req. $1.41 a 75.; SpecIal Monitoring: 0, Not 94-A-672.fl assIgr ted to special rnonloring; SERO: Regional office staft are aDeged to be Involved In this case. Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not Rec'd in Legal: Jan.Iart 5-19915; Due: 01-21-1994 a"eged to be Involveclln thl, case. Assigned to: Francis X. Hermann; U.S. Attorney. Rec'd in Legal: January S. 1995; Due: -1994 Mimeapons. JAN; KatHeen Kemey. Attorney Advisor, Fa, Talladega . Assigned to: Samuel A Alter, Jr.; Supervising Assistant U. - - - - - - - - - - - - - - - - - - Attorney, Pensacola FL: Gerelene Gooden. Paralegal 8. IVAN DAWKJNS v. JOHN FANEU.O Specialist. Southeast RegIonal OffIce Coc.n: OISTACT Of SOUTH CNO...NA Docket No.: 94-000 t. VICKI GROU y. UNITED STATES OF AMERICA Institution: FCI, EstiD Court: NORTHERN OtsrRICT OF flORIDA Twe 01 Case: IJliunction Docket No.: 94-50242/RV Subject. VlSmNG. MARRIAGES i Institution: ~CI. Marianna Facts Alleged: Irmate at EST i11994 aDeges that his ; Type 01 Case: Federal Tort Claims Act (FTCA) visitation priYIeges with lis wife were arbitrarily stopped. Subject: PROPERlY Damages Req: 0; Special Monitoring: O. Not assigned to ! Facts Alleged: Inmate at MNA In 1994 alleges property special monitoring; SERO: Regional Office staff are not destroyed by rats due to staff negligence. aReged to be involved in this case. Ii Damages Req: $615.35: Special Monitoring: 0, Not Rec'd in Legal: JanuIIy 5. 1995; Due: NONE. NO SHOW CAUSE assigned to special monitoring: SERO: Regional office Assigned to: Jay Preston Strom; U.S. Attorney. Columbia. staff are not alleged to be Involved In this case. SC; Jon M.. Adduci. ParaJegaJ Specialist. Fell Esdi Rec'd in Legal: January 5, 1995: Due: 01-31-1995 - - - - - - - - - - - - - - - - - - - - " A s s i g n e d to: Michael Rnney: Assistant U.S. Attoniey. 7. UNITED STATES Y. EDWARD LEWIS DUNBAR, JR. Pensacola. FL; Gerelene Gooden. Paralegal Specialist, Court SOUTlER'4 DlSTRiICI OF MISSZSSlPPI ' Southeast Regional Office DocJcet No.: J8!:HklO69.S Institution: Fa, Tallahassee T 10. RALPH SUTTlE Y. DR. MIRARDELLA, et 81 Type 01 Case: Habeas Corpus CoUtt. NORTHERN DISTRICT OF R.OFUDA ! DocJcet No.: 93-50262JRV Subject. SENTENCING, MEDICAL TREATMENT Institution: FCI, Marianna Facts Alleged: Inmate at TAL i11994 seeks a humanilarian release due to his Iness. Type 01 Case: Personal UabDity Action (Bivens) I Damages Req: 0; Special Monitoring: O. Not assigned to Subject: MEDICAL TREATMENT special monIoMg; SERa: Regional office staff are not Facts Alleged: Inmate at MNA In 1994 aDeges that he Is n IOeged to be involved in this case. receMng adequate treatment for gout. He aDeges that hi Rec'd In Legal: ~ s.. 1995; Due: 01~1995 condition was diagnosed at TAL. but the treatment was Assigned to: Ruth R. Morgan; Assistant U.S. Attorney. discontinued as a result of his transfer. Bioxl. MS; Ken Hyte, Ant:mey/AcNisor. SERO Damages Req: &100,000: Spec/al Monitoring: 0, Not - - - - - - - - - - - - - - - - - - assigned to speclaf monitoring: SERO: Regional office staff are not alleged to be Involved In this case. r Rec'd in Legal: Januuy 5, 1995; Due: 02.(D.1995 , Assigned to: Samuel A Alter, Jr.; SupervisIng Assistant U Momey, Pensacola FL; Sterling Dawson. Paralegal Specialisi. Fa, Marianna 3149 5. RAFAEL HERNANDEZ Y. KATHELEEN HAWKS, et .. I i i I ( Page I Page CEO Utigation Report January 6, 1995 11. MALCOM FRAZIER Y. KA1H..EEN HAWK. CoUIt. NORTHERN DlSfFICT Of ~ et.. T 14. TODD SEARS y. MICHAEL FITZPATRICK, • Coutt: SOUTHERN IISTRICT OF ~ Dtdet No.: 94-1elJ5.aV~ . . hJI/tUIon: liCe, MIami' Tp d Case: Personal Uabllty ActIon (Bivens) DocIeet No.: 94-3033MW Institution: FPC, Pensacola Twa 01 Case: Habeas Corpus Subject. SENTENCING StbJect. MEDICAL TREATMENT, AIDS Facts Alleged: Inmate at PEN ill994 aIeges !hal he sholJd Facts Nleged: Pretrial detainee In 1995 alleges that he w. receive credit for time spn il official delemon prior to tis given medICation for his linesses upon his arrival at MIA incarceration. He further alleges that he was not given adequate medic Damages Req: 0: SpeciaJ MonittriIg; 0. tb assisJ'at to treatment for his linesses. special monitoring: SERO: Regional office staff are not Damages Req: unspeclled; Special Monitoring: O. Not alleged to be Involved In this case. assigned to special monitoring: SERO: Regional office Rec'd In Legal: January S. 1995; Due; CJ2.O&.1S95 stafl are not alleged to be Involved In thl. cas•• Assigned to: Samuel A. AItet, Jr.; ~~ U.s. Rec'd In Legal: January I, 1995; bue: 02·14-1895 Attorney. Pensacola Fl; Earl L Couon. Assistart Regia a AssIgned to: VIvIan Rosado: Assistant U.S. Attorney. Mia Counsel, SERO Fl; Michael Pybas. Senior Attomey AdvIsor, FDC. MCC. 12. UN E. DAVISv. DEPARTIIEHTOfJUSTICE t_M_iaml _ _ _ _ _ _ _ _ _ _ _ _ _ __ !I3J ('...... Coun: OISTRICT OF COWMBIA 15. WIWAM BRIGHT, JR. Y. Docket No.: 94-2631.JHG t KATHLEEN HAWK. et al Institution: Fel, Jesup i Court: NORTHERN DISTRICT OF GEORGIA Type of Case: FOI-Privacy ~ Docket No.: 1:94-CV-3427-RLV Subject. FOI-PRIVACY : lnsIJtution: USP, Atlanta Facts Alleged: Inmate at PHX in 1S94 aDeges thai records ; Type of Case: Federal Tort Calms Act (FTCA) concerning JES incarceration were wtilheId 1IegaIy. ~ Subject: ASSAULTS Damages Req: 0; Special Monitorng: O. N~ asSg1ed to . Facts Alleged: FamDy d 'onner 1994 ATL Inmate alleges special monitoring: SERO: Regional office staff are not . i wrongful death as a restJt of faOure to protect. . alleged to be Involved in this case. ; Damages Req: $4.000.000; Special Monitoring: 181. Ma) Rec'd In Legal: Januaty 5. 1995; Due: 01-31-1995 : financfalllabOIty. AIl cases Involving a death.; SERO: Assigned to: Lams Cotton; Paralegal. Washington. D.C.; Ken : Regional office staff are not alleged to be Involved In Hyle. Attorney/Advisor. SERO case. . i Rec'd in Legal: January 5. 1995; Due: 02·21-1. W 13. EDWARD W. HOUAELD Y. ; AssIgned to: Curtis E. Anderson: Assistant U.S. Attorney • JANET RENO, et al : Chief. CIvD Division, Atlanta. GA; Mike Bredenberg. Staff Coun: NORTHERN DISTRICT OF fLORCA : Counsel. USP. Adanta Docket No.: 94-50357JRV . Institution: FCI, Marianna : 16. EUAS PUGH Y. MICHAEL GARREn, et al Type of Case: Equal EmpIoymenl Cain ~ Coutt: MIDDlE DISTRICT OF AUBNM. Subject. OISCRIMINAnON i Docket No.: 94-0-162O-N Facts Alleged: Chief d Health Programs at MNA i11994 Institutfon: FPC, MaxweD AIr Force Base alleges discrimination based upon race.. Futher ateges Type 01 Case: Habeas Corpus retaliation resulting in demotion ard Wtmate d"1SCfmge. Subject. TRANSFERS, COMMUNITY TREATMENT Damages Req: Excess ci $100,000; CENTERS Special Monitoring: IC2. Publ"lCity JImpad on staff morale. .Facts Alleged: In~te aI MON In 1995 alleges that he w; All employee suits.: SERO: Regional office staff are not t arbitrarily transferred frcm a ecc. alleged to be Involved in this case. 1Damages Req: 0; Special Monitoring: 0, Not assigned te Rec'd In Legal: Januaty S. 1995; Due: 0243-1995 rspecial monitorfng; SERO: Regional office staff are no Assigned to: Michael rsnney; Assistart U.S. AJlomev, I alleged to be Involved In this case. Pensacola. FL; Ken Hyle. AnOl1le)~·Advisor. SERO : Rec'd In Legal: January 5. 1995; Due: 01·18-1995 Assigned to: Kenneth E. Vines; Assistant U.S. Attorney, ChIef, Civil DMsIon. Montgomery, AL; Angle Grider. Atto Advisor, SERO . i i----------------- I ( I 3150 I Page 4 CEO Litigation Report January ~5, 1995 17. ALVARO GunERREZv. UNITED STATES, eta. Court. NORTHERN DISTRICT OF FLORIDA Docket No.: 94-40568 Ins~on:USP,At~~ Type of Case: Federal Tort Oalms Act (FTCA) Subject. PROPERlY Facts Alleged: Inmate at TAL In 1994 alleges that his property was lost after he was transferred from ATL Damages Req: $658.95; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office stan are not alleged to be Involved In this case. Rec'd In Legal: January 5. 1995; Due: NONE. NO SUMMONS ISSUED. Assigned to: P. Michael Patterson; U.S. Attorney, Tanahassee, FL: Dan Rouse. Paralegal Specialist, FC1, Tallahassee ~ PRISONS, "II Coutt: DISTRICT OF PUERTO RICO Docket No.: 94-1616CC; Type of Case: Habeas Corpus; Damages Req: 0 Subject PRETRIAL DETAINEES, AD DETENTION, INMATE DISCIPUNE Institution: MOC, Guaynabo Facts Alleged: Pretrial detainee at GUA In 1994 alleges that he was placed In segregation based on charges that had been dismissed. He was not given a staff representative at his DHO hearing. VIsItation, commissary and attorney privileges were withdrawn because he was ~ segregation. Spec/al Monitoring: O. Not assigned to special monitoring Date Case Filed: 05-03-1994 Significant ActMty: Appeal by Bureau d Prisons to first Circuit, 94-2061 . S ignif-Icant ActiVI-ty on Existing Cases· ________ ________________________ WlWAM T. IRWIN Y. J. MICHAEL QUINLAN, et a' Court. SOUTHERN DISTRICT OF GEORGIA Docket No.: CV291~: Type of Case: Mandamus; Damages Req:O MICHAEL ADEDEJI v. R. INGRAM, et al Court: NORTHERN DISTRICT OF FLORIDA Docket No.: 9O-50103rNS; Type of Case: Personal UabDity Adlon (Bivens); Damages Req: $12.300.000 Subject. INMATE DISCIPUNE, DISCRIMINATION. INMATE Institution: FCI, Marianna Facts Alleged: Staff member lied when he Issued an Incident report to Inmate for lying to staff member. Dented witnesses at DHO hearing tn MNA In 03-1990. Special Monitoring: 0, Not aSSigned to special monitoring Date Case Filed: 09-12-1990 Significant Activity: Appeal to Eleventh Circuit. 94-2870 -----------------PAUL BIl2ERIAN v. AnORNEY GENERAL, et al Court: NORTHERN DISTRICT OF FLORIDA Docket No.: 92-30323WEA; Type of Case: Personal Uabnity Adlon (Bivens): Damages Req: 0 Subject: CENTRAL MONITORING Institution: FPC, Eglin Air ForceI Base Facts Alleged: EGLlnmate dalms -he was classified as a elM with no supporting evidence. Denied community custody because of his offense severity rating being wrong. Administrative remedy process did not effectively deal with his complaint. Access .to courts and legal maO has been hampered. Special Monitoring: 0, Not assigned to special monitoring Date Case Filed: 08-26-1992 Significant Activity: 11-16-1994 Dismissed via voluntary dismissal. Subject. ACCESS TO COURTS Institution: FCI, Jesup Facts Alleged: Denied access to legal property and medical care at JES In 1991. Seeks transfer to Miami. Spec/al Monitoring: 0, Not assigned to special monitoring Date Case Filed: 01-09-1991 Significant Activity: 12-15-1994 Dismissal affirmed for faOure to exhaust admInistrative remedies. ~ c, ~ VlADIMIR COUAZO-LEON Y. BUREAU OF 3151 IfirlJ RICKY JACKSON v. U.S. BUREAU OF PRISONS ~ Court: SOUTHERN DISTRICT OF FLORIDA Docket No.: 94-969-CIV-MARCUS; Type of Case: Federal Tort Qalms Act; Damages Req: $996 Subject PROPERlY, TORT "institution: MCC, Miami Facts Alleged: lEW Inmate was at MIA In 08-1992, seeks reimbursement for property lost as reslA of Hurricane Andrew. Also seeks pay from work In UNICOR at MIA and balance of commissary account . Spec/al Monitoring: ICS, Publicity /Impact on staff morale, Resulting from 08-92 Hurricane Andrew Date Case Filed: 12-16-1993 Slgnfficant Activity: Moved via change of venue from FPAM. 4:CV-93-1938. 11-30-1994 Govemmenfs motion for summary Judgement granted by defa14 CEO Utigation Report January 5, 1995 e {", ' "'" • (I I. NASSOS lASPOPOULOS v. BUREAU OF PRISONS. et Coutt. NORTHERN DISTRICT OF FLORIDA DocIeet No.: 94-50190IlAC: Type dCase: Personal liability ActIon (Bivens): Damages Req: $3,250.000 Subject: ASSAULTS, REUGION Institution: FCI, Marianna Facts Alleged: Inmate at MNA In 1994 aDeges that several BOP staff members have conspired against him due to his relJgIous faith. As a resutt of this conspiracy, he Is continuously assautted. SpecIal Monitoring: 0, Not assigned to special monitoring Date Case Filed: 06-29-1994 SIgnificant Activity. Appeal to Eleventh Circuit by Inmate. 94-3268 ------------------. ~ KENNETH UNN y. SHIRLEY MINTER ~ Court NORTHERN DISTRICT OF FLORIDA Docket No.: 92-40214: Type of Case: Personal UabDity Action (Bivens); Damages Req: $300,000 Subject. TRANSFERS Insthutlon: Fel, Tallahassee Facts Alleged: Inmate at FTW alleges that whOe at TAL In 1991, he was transferred In retaliation for his Unit Manager's demotion. The inmate also alleges that he was Job transfer wfthoul a written explanation as required by administrative regulations. Special Monitoring: 108, Case managemeni may be a problem, Other: , Date Case Filed: 06-18-1992 Slgnfflcant Activity: Order adopts magistrate's 06-25-1993 report, dismisses most of the case. Bureau of Prisons rules create no constitutionally protected interest In an Inmate's retention of his prison Job. Remaining In the case. claims that the work assigned vfolated the 8th Amendment and FTCAdaJms. -----------------. ~ ORLANDO BENIGNO LORENZO v. MICHAEL W. ~ GARREn, et al Court. NORTHERN DISTRICT OF ALABAMA Docket No.: CV 94-PT-2376-E: Type of Case: Personal UabDity Action (Bivens); Damages Req: unspecified Subject. AD DETEtmON, INMATE DISCIPUNE, VISITING, RECREATION, CONDITIONS OF CONFINEMENT Institution: FCI. Talladega Facts Alleged: TOG detainee In 1994 alleges he was arbitrarily placed In administrative detention. Conditions In administrative detention were severe: no heat, restrictions on hygIene, etc. exercise period was very short and visitation was limited. Special Monitoring: 1C5. Publicity /Impact on staff morale. Other. Date Case Filed: 09-29-1194 Significant Activity: 12-12-1994 Action dismissed with prejudice by mutual consent. 3152 Page 5 JUAN CAMllO MONTOYA Y. FRED J. STOCK, et II Coutt. NORTHERN DISTRICT OF GEORGIA Dadet No.: 1:94-CV·1101.JRC; Type 01 Case: Habeas Corpus; Damages Req: 0 Subject. SENTENCING Institution: USP, Atlanta Facts Alleged: IMlate at ATL In 1994 allegeS that the BOP Is using the wrong statute to compute his sentence. The BOP shoUd use 18 U.S.C. 3568 Instead d 18 U.S.C. 3585. Special Monitoring: 0, Not assigned to special monItorfng Date Case Filed: 04-22·1994 ' Significant ActJvlly: 08-26-1994 Order adopts magistrate's report. dismisses case. ()6.29-1994 The magistrate's report recommends dismissal because the petition was successive. Appeal to Eleventh Clrcul, 94-9109. If2'I1 RONALD SANJURO v. JOEL KN.OWLES, at ~ Court SOUTHERN DISTRICT OF FLORIDA a. Docket No.: 93-1696-CIV-KlNG; Type of Case: Federal Tort Calms Act (FTCA): Damages Req: $734.43 Subject. PROPERlY Institution: MCe. Miami Facts Alleged: Inmate at TAt In 1994 alleges that his property was lost whDe at MIA In 1992 due to negligence of staff during Hurrlcane Andrew. Special Monitoring: IC8. Publicity /Impact on staff morale. Resulting from 0&.92 Hurricane Andrew Date Case Filed: 09-03-1993 Significant ActMty: 12-21-1994 Order grants government's modon to dismiss. The Inmate' has not shown any negligence in MCC. Miami's handling of personal property after the Hurricane Andrew evacuation. SIDNEY T. ZEMP,III y. ROGER SCOTT, at II Court: NORTHERN DISTRICT OF AlABAMA Docket No.: CV-94-PT-1030-E; Type of Case: Personal UabDIty Action (Bivens); Damages Req: $40,000 Subject. INMATE DISCIPUNE, TRANSFERS, AD DETENTION Institution: FCI, Talladega Facts Alleged: lMl8te at TOG In 1994 alleges that he was placed In SHU In violation of BOP procedures. He also alleges that he was transferred to All and placed In ·punltlve segregation.· Special Monitoring: 0, Not assigned to special monltorlng Date Case Filed: 04-28-1994 SignNicant ActMty. 12'()8-1994 Order adopts magistrate's report. grants, government's motion for summary Judgement. dismisses case. 11-18-1994 The magistrate's report recommends dismissal.